Introduction to Legal Writing
Tuesday, Oct. 20, 2009
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Stern, Simon
Legal Writing.ppt
Overview
A few general points in legal writing
Memo structure / paragraph structure
Remember the audience: objective vs. persuasive writing; analogies & distinctions
Strategies for revising
Basic points
Keep It Simple
Be Precise
Support Your Arguments
Front-load your conclusions
1. keep it clear and simple.
"In order to effectuate the attainment of a more substantive and comprehensive equality jurisprudence, legal theorists and civil rights advocates must engage in a sober reading of Lawrence, Gratz, and Grutter." – A recent law journal article (emphasis added)
Legal writing is supposed be complicated, right Wrong.
Words to Avoid
"said," as in "said vehicle"
"hereinafter"
"heretofore"
"aforesaid"
"furthermore"
In general, multisyllabic words that were appealing because of their multisyllabicity
2. be precise
"The basis for Judge Fletcher's opinion is that . . . unwelcome physical conduct of a sexual nature is sufficient to establish a cause of action under Title VII of the Civil Rights Act, regardless of whether that harassment constitutes discrimination because of race, color, religion, gender, or national origin. I disagree because this completely eliminates an essential element of that statute, that the harassment be because of discrimination against one of the five specified categories of persons named in the statute."
Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061, 1070_(9th Cir. 2002) (Hug, J., dissenting)
3. Support your arguments
Why legal writing is different
Most forms of writing are designed to entertain or inform, in a context in which the reader trusts the writer. Most forms of legal writing assume a skeptical audience, an audience prepared to challenge every argument. This is true even for in-house memos. Your goal is to support every argument, with analysis and with authority.

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